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In a series of fast-paced but anticipated changes, TCEQ ushers in a new executive team and a new Commissioner this month.
In the first of a series of state and industry challenges to EPA’s rejection of marquee Texas New Source Review ("NSR") programs for SIP approval, the Fifth Circuit has vacated and remanded EPA’s disapproval of the Texas Pollution Control Project Standard Permit NSR minor source rules.
Following proposed changes to compliance history rules to conform to legislative mandates in 2011, TCEQ has now posted sortable "test compliance history scores" intended to reflect how compliance history scores might be calculated under the proposed new formula.
On March 6, 2012, the U.S. Environmental Protection Agency published in the Federal Register an immediate final rule authorizing changes to Texas’ hazardous waste program under the Resource Conservation and Recovery Act.
On March 13, 2012, a coalition of non-governmental organizations filed a complaint in the U.S. District Court for the Eastern District of Louisiana asserting violations of the Administrative Procedure Act by the U.S. Environmental Protection Agency and its administrator, Lisa Jackson, on account of the EPA’s denial of plaintiffs’ July 30, 2008 petition requesting the establishment of revised state water quality standards to address nutrient pollution in the waters of the Mississippi River Basin and Northern Gulf of Mexico pursuant to the Clean Water Act.
TCEQ announcements for enforcement orders adopted in March can be
found on the TCEQ website at http://www.tceq.texas.gov/news/releases/commissionersagenda032812 and http://www.tceq.texas.gov/news/releases/commissionersagenda030712 .
For information on recent TCEQ rule developments, please see the TCEQ
website at http://www.tceq.state.tx.us/rules/whatsnew.html .
Warnings about chemical hazards will never be the same. The Occupational Safety and Health Administration just drastically changed its hazard communication standard, which has been in effect for nearly 30 years.
In a closely-watched case, the U.S. Supreme Court on March 21 told the Environmental Protection Agency to stop “strong-arming . . . regulated parties” who wish to go directly to court to contest compliance orders that assert jurisdiction over wetlands as well as other waters under the Clean Water Act.
The Toxic Substances Control Act remains a focus of political attention, particularly with respect to the authority it gives the Environmental Protection Agency (EPA) to manage “existing” chemicals that are already on the market in the United States.
Under the Toxic Substances Control Act, EPA has mostly given articles containing chemicals a free ride by exempting them from regulatory requirements otherwise applicable to those chemicals. EPA took a sharply different direction in three proposed rules released on March 20, 2012, which would subject manufacturers and processors of articles containing the chemicals at issue to full obligations. Some of the chemicals are used in consumer products.
The International Civil Aviation Organization (ICAO) Working Group on Lithium Batteries has agreed to new, more stringent requirements for shipping lithium ion and metal batteries and cells by air.
The U.S. Environmental Protection Agency is proposing to expand the requirements for cathode ray tube exports to “allow the Agency to better track exports of CRTs for reuse and recycling” and to “gather more information in shipments of CRTs that are sent for reuse.”
On March 12, 2012, the White House Council on Environmental Quality published final guidance entitled “Improving the Process for Preparing Efficient and Timely Environmental Reviews under the National Environmental Policy Act.”
Beveridge & Diamond, P.C. is pleased to announce that Bryan J. Moore, a Principal in the Firm’s Austin office, has been named a 2012 “Texas Rising Star” in environmental law by Texas Monthly.
The purpose of this update is to provide current information on Texas environmental regulatory developments. It is not intended as, nor is it a substitute for, legal advice. You should consult with legal counsel for advice specific to your circumstances. This communication may be considered advertising under applicable laws regarding electronic communications.
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